You can file review petition in HC

Rely upon new evidence in your possession

HC may allow a review on three specified grounds, namely, (i) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant's knowledge or could not be produced by him at the time when the decree was passed, (ii) mistake or error apparent on the face of the record, and (iii) for any other sufficient reason.

2) you should file for review rather than fresh petition

3. In Aribam Tuleshwar Sharma v. Aibam Pishak Sharma (1979) 4 SCC 389, this Court answered in affirmative the question whether the High Court can review an order passed under Article 226 of the Constitution and proceeded to observe (Para 3):

"But, there are definitive limits to the exercise of the power of review. The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. But, it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a court of appeal. A power of review is not to be confused with appellate powers which may enable an appellate court to correct all manner of errors committed by the subordinate court."

A writ petition on the same cause of action is barred and this principle is part of law and public policy. You have stated that new evidence has come to light and therefore the weight of the evidence the matter at hand and the reason for such evidence not to b3 available before has to be considered in order to file a fresh writ petition.

You say that tge evidence is very substantial and it completely changed the direction of the case.

If this is so the writ petition is maintainable.

Regards

If your it is not coming under limitation then you can file your writ with fresh grounds

Hi, if new substantial peice of evidence is found out, you can again file a WRIT petition..However it's admissibility depends upon the discretion of high court

There is no bar for filing a petition under article 226

you can file a fresh writ petition with new evidences creating a new cause of action. at the time of filing new writ you must mention the old case and must substantiate that why you are filing the new one.

Yes a new writ can be filed with new evidence and change in circumstances that is subsequent development.

Yes you are right a review cannot be filed with new evidence and new facts.

So file a fresh writ and plead the change in circumstances before the court.

Share the order of the court and details of the case that were filed by you.

Regards

If we change the prayer then fresh petition can be filed or if the same was not decided on merit then the fresh can be filed

Concrete advise can only be given to you after perusing the documents available with you.

Regards

I would advise you to opt for a review instead of a second writ petition because the latter is unlikely to succeed in the teeth of the principles of res judicata and constructive res judicata.

A review petition is maintainable on the ground that some vital piece of evidence or matter has come to light that was not known at the time of the original proceeding despite every possible endeavour on part of the review petitioner to discover it.

The delay in filing review can always be condoned by the court where justifiable reasons to do so are present. In your case, you say that you did not have certain potentially clinching evidence earlier. So there was no question of your sustaining a review petition at an earlier point in time. Your ground for review and condonation of delay in filing review are deeply linked.

I hope you have your answer. Follow-up questions welcome.

Second petition cannot be filed on the same issue. It will amount to double jeopardy. But you can try to file appeal by submitting condonation of delay.

What you have hear is wrong or whosoever has informed or misinformed you about review petition is also wrong

a review petition can be filed if the petitioner finds new material

limitation period is not applicable to writ petitions

there is no restriction in filing a fresh petition with pleadings based on new material but do disclose about dismissal of original writ by single bench and appeal by division bench. It is always better to approach court with all information including fact of dismissal of original petition rather than other side pointing out that to the court

You can file a fresh writ petition adducing the fresh evidences, only in case you have a fresh cause of action to institute a writ petition or in case you were given liberty by the High Court Div. Bench to re-approach again.

You can file a fresh writ petition adducing the fresh evidences, only in case you have a fresh cause of action to institute a writ petition or in case you were given liberty by the High Court Div. Bench to re-approach again.

You can file a fresh writ petition adducing the fresh evidences, only in case you have a fresh cause of action to institute a writ petition or in case you were given liberty by the High Court Div. Bench to re-approach again.

You can file a fresh writ petition adducing the fresh evidences, only in case you have a fresh cause of action to institute a writ petition or in case you were given liberty by the High Court Div. Bench to re-approach again.

Review petition can be allowed on three specified grounds, namely (i) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant's knowledge or could not be produced by him at the time when the decree was passed, (ii) mistake or error apparent on the face of the record and (iii) for any other sufficient reason.